The Supreme Court stayed the promotion of 68 judicial officers in Gujarat as district judges for violation of the “merit-cum-seniority” principle and directed that they be sent to the earlier post till the case is finally adjudicated. One of them is Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma, who recently found Congressman Rahul Gandhi guilty of criminal defamation.
A bench of Justices M R Shah and C T Ravikumar said the process adopted by the Gujarat High Court was violative of the apex court ruling. The court remarked that while those with lower grades (less deserving applicants) were promoted, those with higher marks (civil judges in the senior division) were refused advancement. Giving an example of the two petitioners who are senior civil judges, the court said that they had secured 135. 50 and 148. 50 (out of 200 marks), while another candidate with 101 marks got the promotion.
“Thus, we are more than satisfied that the impugned list dated March 10 issued by the high court and the subsequent notification dated April 18 issued by the state government granting promotion to the cadre of district judge are illegal and contrary to the relevant Rules and Regulations and even to the decision of this court in the case of All India Judges’ Association and Ors. Therefore, we are more than prima facie satisfied that the same as such are not sustainable,” the court said.